Number 1 Amazing Fact of College Tuition and Divorce: Courts can order payment.

Introduction

A New York court can order a noncustodial parent to contribute towards college tuition and expenses. This power exists even if the parents were never married. It is important to keep in mind that child support continues while a child is in college, and is separate from college tuition.

In this article, we’ll explore the power of the New York court to order noncustodial parent contributions to a child’s college tuition, the factors that are considered when making such a decision, and how you can go about seeking such an order.

Beware, this is a complex and confusing topic. The courts have made a number of decisions over the last few years which have made this topic very hazardous for the noncustodial parent.

Child Support and Contributions to College Tuition End on Emancipation

In New York, Child Support continues until the child turns 21, not 18. The courts cannot order support after a child turns 21, and cannot order the noncustodial parent to pay college tuition after the child turns 21.

However, if the parties agree, in the stipulation settling their divorce to extend child support and the obligation to pay college tuition and expenses past 21, the court can enforce it.

But, absent that type of agreement, the court is without power to order any payments by the noncustodial parent after the child turns 21.

However, it is important to remember that a noncustodial parent must continue paying child support while the child is in college. But, Support Support and College Tuition, as well as room and board are different but related topics.

The Power of the New York Court

In New York, the court has the power to order a noncustodial parent to contribute to a child’s college tuition, in addition to regular child support payments. This is based on the idea that both parents have an obligation to support their children, even after a divorce or separation.

However, it’s important to note that in New York, the court’s power to order college tuition contributions is discretionary. This means that the court has the power to decide whether or not to order such contributions, based on a number of factors.

Child Support does not cover college tuition. College Tuition is a discretionary add-on. It is separate from child support.

The has the power to order the parents to cooperate on the filing of the FASFA

Factors Considered by the New York Court

When deciding whether to order a noncustodial parent to contribute to a child’s college tuition, the court will consider a number of factors. Some of the most important factors include:

1. Financial Ability: The court will consider the financial ability of the noncustodial parent to contribute to a child’s college tuition. This includes factors such as the parent’s income, assets, and debts.
2. The Child’s Best Interests: The court will consider the best interests of the child when making a decision. This includes factors such as the child’s academic abilities and future career prospects.
3. The Child’s Relationship with the Noncustodial Parent: The court will consider the relationship between the child and the noncustodial parent. This includes factors such as the level of involvement of the noncustodial parent in the child’s life, and the quality of the relationship between the two.
4. The Parent’s Ability to Pay: The court will consider the noncustodial parent’s ability to pay, taking into account factors such as the parent’s current financial situation, future earning potential, and overall standard of living.
5. The Child’s Future Career Prospects: The court will consider the child’s future career prospects, taking into account factors such as the child’s academic ability and the type of career the child wishes to pursue.
6. The Cost of College Tuition: The court will consider the cost of college tuition, taking into account factors such as the cost of tuition, room and board, and other related expenses.
7. The Child’s Financial Resources: The court will consider the child’s own financial resources, taking into account factors such as the child’s savings, investments, and scholarships.

How to Seek an Order for Noncustodial Parent Contributions to College Tuition

If you are seeking an order for a noncustodial parent to contribute to a child’s college tuition, you will need to follow a few steps. These steps include:

1. File a Motion: To seek an order for noncustodial parent contributions to a child’s college tuition, you will need to file a motion with the court. This motion should include information regarding the factors mentioned above, such as the financial ability of the noncustodial parent and the child’s best interests. You should also provide evidence and documentation to support your request.
2. Attend a Hearing: After you have filed your motion, the court will schedule a hearing to determine whether to grant your request. During the hearing, both you and the noncustodial parent will have the opportunity to present evidence and argue your case. The court will consider the evidence presented, as well as the factors mentioned above, when making its decision.
3. Consider Mediation: Before filing a motion or attending a hearing, it may be a good idea to consider mediation. Mediation is a form of alternative dispute resolution that involves working with a neutral third party to resolve disputes. Mediation can be a more efficient and cost-effective way to resolve disputes, and can help you and the noncustodial parent reach an agreement without going to court.
4. Obtain a Court Order: If the court decides to grant your request for noncustodial parent contributions to a child’s college tuition, it will issue a court order. This order will set out the terms of the contribution, including the amount of money to be paid, the payment schedule, and any other relevant details.

It’s important to note that the court’s decision is not set in stone, and you may be able to modify the order if circumstances change. For example, if the noncustodial parent’s financial situation changes, you may be able to request a modification of the order to reflect the new circumstances.

Dollar for Dollar Credit for Room and Board Expenses

A dollar for dollar credit is a credit given to a noncustodial parent for expenses they have paid for their children that are not covered by regular child support payments. In the case of room and board expenses, this credit would be applied on a dollar for dollar basis, meaning that for every dollar spent by the noncustodial parent on room and board expenses, they would receive a dollar credit toward their child support obligations.

Why is a Dollar for Dollar Credit Important?

A dollar for dollar credit is important because it helps to ensure that noncustodial parents are not unfairly overburdened by child support obligations. In many cases, noncustodial parents may be paying for additional expenses for their children, such as room and board, that are not covered by regular child support payments. The credit helps to offset these additional expenses and ensures that the noncustodial parent is not paying more than their fair share.

Talk to a Lawyer Before You Start Deducting from the Child Support

Many noncustodial parents automatically start deducting room and board expenses without discussing it with their lawyer. Unfortunately, the laws governing dollar for dollar credit are not simple. Guessing wrong could result in an order of contempt and incarceration. To be blunt, short the child support and you can go to jail.

Common Dollar for Dollar Deduction Errors

When there are two or more children subject to the Child Support Order, do not, absolutely do not, divide by percentages. The most common mistake is, say when, there are two children to reduce the child support by half. The thinking is that one child is in college, so I’ll cut the child support in half. This will land you in jail.

The dollar for dollar deduction is only up to the child support obligation for that child. When there are two children, the child support obligation is 25% but for one it is 17%.

When there is one child the noncustodial parent can deduct the full 17%. Therefore, if the child support obligation is $25,000 per year, and the out of pocket (not from student loans) expense for room and board actually paid by the noncustodial parent is $25,000, then that is the deduction.

But, if the child suport for two children is $25,000 the noncustodial parent cannot deduct up to half, $12,500. THat parent can only deduct down to 17%, the amount of child support for one child.

If this sound complex and confusing, it is. This is why noncustodial parents are found in contempt and can go to jail.

Our advice is not just take the deductions. Talk to the custodial parent, talk to a lawyer, and if neccessary get a court order.

How to Obtain a Dollar for Dollar Credit for Room and Board Expenses

1. Document Your Expenses: The first step in obtaining a dollar for dollar credit for room and board expenses is to document your expenses. This can be done by keeping receipts and records of payments made for room and board expenses. You should also keep a record of any agreements or arrangements you have made with the custodial parent regarding these expenses. If the child is living on campus, that is obtained from the bursar’s office. If the child is living off-campus, the lease and monthly payments will document that. While dorming the child will be on a food plan, but with off-campus living you will need to document money spend towards food.
2. First, communicate with the other parent and explain which credits you will be claiming. If the parties agree, there is no need to take any further steps.
3. File a Motion with the Court: If you are seeking a dollar for dollar credit for room and board expenses, and cannot agree with the other parent, you will need to file a motion with the court. In the motion, you should outline the expenses you have paid for room and board, as well as any agreements or arrangements you have made with the custodial parent.
4. Attend a Hearing: After you have filed your motion, the court will schedule a hearing to determine whether to grant your request. During the hearing, you and the custodial parent will have the opportunity to present evidence and argue your case. The court will consider the evidence presented when making its decision.
5. Obtain a Court Order: If the court decides to grant your request for a dollar for dollar credit for room and board expenses, it will issue a court order. This order will set out the terms of the credit, including the amount of the credit, how it will be applied, and any other relevant details.

It’s important to note that the court’s decision is not set in stone, and you may be able to modify the order if circumstances change. For example, if the expenses you are paying for room and board increase, you may be able to request a modification of the order to reflect the new circumstances

Conclusion

In conclusion, the New York court has the power to order a noncustodial parent to contribute to a child’s college tuition, in addition to regular child support payments. The court will consider a number of factors, including the financial ability of the noncustodial parent, the child’s best interests, and the cost of college tuition, when making its decision.

If you are seeking an order for noncustodial parent contributions to a child’s college tuition, it’s important to follow the steps outlined above, including filing a motion, attending a hearing, and obtaining a court order. By doing so, you can help ensure that your child has the resources they need to succeed in their education and future career.

If you have any questions on this very complex and confusing topic, call Port and Sava at (516) 352-2999 for a free telephone consultation.